Question: The BC has been aware of leaky windows in our building for years. They have carried out some patch jobs but the windows still leak. The Committee has submitted a motion to pass responsibility to the Lot Owner. Can they do this?
Our building has identified building issues on our balconies. We are outside the contractor’s warranty period.
Our Body Corporate has been aware of the issue for years and, rather than follow the scope of works provided to them, they opted for a cheaper patch job. They exceeded the approved spending amount and then, without approval, paid an additional $60k.
The balconies still leak into the apartments. The windows have been installed incorrectly and water drains into “timber” architraves. The Body Corporate have submitted a motion for the upcoming EGM stating they are rescinding on any costs involved with the window repairs.
Isn’t this the responsibility of the Body Corp due to it being a building defect?
Answer: Evidencing causation is the key issue.
If damage or deterioration to the lot is caused by the body corporate’s failure to remediate part of its maintenance obligations, the body corporate would also be responsible for remediating that further damage or deterioration. Evidencing that causation is the key issue though.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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